Technology & Marketing Law Blog

OCTOBER 5, 2021

Tanner commented “this guy sucks,” but the post “contained no profanity, and it was on topic with the substance of the post.” “While not entirely on topic, this comment also abided by the page’s terms and conditions.” The Manually Deleted Comment. ” The Automatically Filtered Comments.

Social Media 106

Social Media Government Designs Design 106

SpicyIP

MARCH 4, 2024

Here is another round of SpicyIP flashbacks by Lokesh, where he looks into a variety of topics ranging from IP and Gaming to Biodiversity and Benefit Sharing! Praharsh explains why the allegations of recruiting contractual employees are particularly problematic, emphasizing the need for systemic reform. Read on to learn more.

Invention 59

Invention Trademark IP Patent 59

Michael Geist

SEPTEMBER 21, 2022

In fact, after Rodriguez left the CBC’s Vassy Kapelos visibly puzzled , he has said little about it. He has never given a speech on the bill in the House of Commons and the government successfully cut off debate after allocating just two hours to it.

Government 94

Government Journalism Advertising Advertising 94

Copyright Lately

SEPTEMBER 26, 2022

Defendants argued that the issue of copyright ownership was never actually at issue in Alexander’s summary judgment motion, but last week Judge Yandle amended her previous ruling to “clarify this Court’s finding that, as a matter of law, Alexander owns a valid copyright to the five tattoos at issue in this lawsuit.”

Fair Use 88

Fair Use Licensing Ownership Copying 88

IP and Legal Filings

MARCH 14, 2022

Article 6bis of the Convention fails to establish a period or tenure for an author’s moral rights, leaving it to the discretion of the Convention’s contracting parties. These laws are based on Berne Convention Article 6bis, to which India is a signatory. As a result, the lifetime of these rights varies greatly between countries.

Moral Rights 61

Moral Rights Copyright Contracts Law 61

Kluwer Copyright Blog

FEBRUARY 22, 2022

We invited experts to offer a synthesis of empirical evidence catalogued on the Evidence Portal in response to 21 topical copyright questions of importance for the 21 st century. When we launched the Copyright Evidence Portal , our ambition was no less than to create a catalogue of all existing empirical studies about copyright.

Copyright 52

Copyright Public Domain Marketing Marketing 52

LexBlog IP

JANUARY 18, 2022

With apologies to those who prefer a classic menu, I’ll be approaching these topics in coming weeks in a mezze fashion, with several items arranged to whet your appetite and enrich your knowledge. A downer, to be sure, but also an opportunity to reflect on some legal issues affecting food and wine. Olive Oil and State Pride.

Law 52

Law Trademark Branding Brands 52

43(B)log

FEBRUARY 16, 2024

I’m going to start by going back to some earlier cases, Two Pesos v. I’m going to start by going back to some earlier cases, Two Pesos v. Taco Cabana, from 1992. Indeed, in recent years the Supreme Court has repeatedly emphasized the multiple benefits of registration to a trademark claimant, including in the recent cases of Matal v.

Trademark 59

Trademark Fair Use Registration False Advertising 59

Technology & Marketing Law Blog

MAY 25, 2022

The opinion holds that the key parts of Florida’s social media censorship law (SB 7072) likely violate the First Amendment and should remain enjoined. The court helpfully summarized its outcomes: Do Social Media Make Editorial Judgments Protected by the First Amendment? The panel answers that question decisively yes.

Social Media 97

Social Media Law Blogging Publishing 97

IP and Legal Filings

JANUARY 30, 2023

the court ruled that the fictional depiction of the real-life strip club trademark logo within the game of GTA, one of the first metaverses, will not amount to trademark infringement because it is an exercise of creative freedom protected by the First Amendment of the United States Constitution. Rockstar Videos, Inc, et al.,

Intellectual Property 89

Intellectual Property Non-Fungible Tokens Trademark Copyright 89

Technology & Marketing Law Blog

APRIL 30, 2022

Still, I prefer it when judges rely on Section 230(c)(1) to take the “good faith” topic off the table entirely. Still, I prefer it when judges rely on Section 230(c)(1) to take the “good faith” topic off the table entirely. Section 230. ” Contract Breach/Promissory Estoppel.

Social Media 106

Social Media Contracts Government Publishing 106

Technology & Marketing Law Blog

JANUARY 9, 2024

The plaintiffs are parents of Snapchat users who purchased fentanyl from other Snapchat users and suffered overdoses. They sued Snapchat for a wide ranges of tort claims. To get around the clear Section 230 barrier to those claims, the plaintiffs attempted the now-standard Lemmon v. ”) as a defective product. The venerable Barrett v.

Publishing 74

Publishing Designs Design Law 74

The IPKat

JANUARY 21, 2022

The book covers the rights of performers, particularly the rights conferred under Part II of the Copyright, Designs and Patents Act 1988 (as amended). He notes that whilst the CDPA 1988 has been amended to strengthen the position of performers, this piecemeal approach could benefit from a re-appraisal as a whole.

Moral Rights 128

Moral Rights Contracts Editing Related Rights 128

Technology & Marketing Law Blog

MAY 5, 2022

My points relate only loosely to “dark patterns,” but there was no better place for my remarks in the hearing’s initial taxonomy of topics. I understand the topic taxonomy reflected what the agency wanted to hear about, but it also inhibited participation by leaving no identifiable space for other issues that constituents want to raise.

Privacy 86

Privacy Blogging Law Business 86

Technology & Marketing Law Blog

MAY 18, 2023

Between the two decisions, we get a powerful opinion on the topic of “aiding and abetting” online, while Section 230 dodged its first SCOTUS review. Google cases (as well as decisions in the Warhol copyright fair use case and the Amgen patent enablement case). Twitter, Inc. Taamneh , No.

Social Media 137

Social Media Law Fair Use Blogging 137

Trading Secrets

JUNE 3, 2022

This blog post summarizes some of the significant decisions grouped by the hot topics below. Sufficiency of Trade Secret Pleadings and Allegations of Misappropriation. In Oakwood Lab’ys LLC v. Thanoo , 999 F.3d 3d 892 (3d Cir. The district court dismissed plaintiff’s complaint for failure to state a claim.

Law 59

Law Confidentiality Designs Design 59

Technology & Marketing Law Blog

APRIL 27, 2022

Mostly, the judge accepts the R&R with only minor deviations favorable to Craigslist, ending some of the lawsuit and leaving plenty of topics for further proceedings. They are all quite complicated and hard to understand. In the latest ruling, the supervising judge responds to the magistrate’s R&R.

Blogging 103

Blogging Law Publishing Editing 103

Kluwer Copyright Blog

NOVEMBER 29, 2021

The Hungarian Ministry of Justice and the Hungarian Intellectual Property Office, based on more than 100 responses, published an amended draft bill at the end of July 2020. The present post intends to introduce the experiences of four selected Member States, namely, Hungary, Germany, Italy and Sweden. There was no need to do so.

Cease and Desist 115

Cease and Desist Copyright Government Publishing 115

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

That leaves only a single version of the photo at issue: a dating app, FirstMet, used the photo for an ad that it ran on Facebook. At issue is a photo taken in public without Hepp’s consent that got cycled into various memes and unwanted commentary. I’m not sure if Hepp has sued FirstMet, but they aren’t in this appeal.

Intellectual Property 132

Intellectual Property Trademark Marketing Marketing 132

LexBlog IP

SEPTEMBER 29, 2022

So, there you go—Metro-Goldin-Mayer and Pennsylvania State University are two different entities each associated with a distinctive roar connected to their institution. They are marketed through different, yet related, channels of trade (sports and entertainment, which were melded together as ESPN’s original name ).

Trademark 52

Trademark Registration Music Intellectual Property 52

Technology & Marketing Law Blog

AUGUST 30, 2021

Court of Appeals for the Ninth Circuit held that California Civil Code section 980(a)(2) , which grants “exclusive ownership” of a sound recording fixed before February 15, 1972, to its “author,” provides only an exclusive right of reproduction and distribution, and does not provide an exclusive right of public performance. Flo & Eddie, Inc.

Blogging 83

Blogging Copyright Settlement Music 83

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 7, 2022

After a heady 2020, 2021 proved to be a return to normalcy for the PTAB. While there was significant excitement early in the year about how the Supreme Court would rule in Arthrex , its decision in June mostly maintained the status quo. Unlike rehearing, Director review is not available for non-final decisions or institution decisions. 18, 2021).

Reporting 52

Reporting Art Invention Patent 52

Michael Geist

DECEMBER 2, 2022

produces news content that is not primarily focused on a particular topic such as industry-specific news, sports, recreation, arts, lifestyle or entertainment. There are some criticisms of the system (including the lack of transparency), but it has clear standards and a review process to ensure eligible entities meet the criteria.

Government 91

Government Journalism Business Licensing 91

Technology & Marketing Law Blog

JANUARY 18, 2022

Students: this post surfaces numerous potential paper topics. As the GAO Report indicates (discussed below), FOSTA’s worst tragedy is that it has hurt multiple communities without any benefits to any victim communities. From a judicial standpoint, FOSTA’s terrible drafting has produced entirely predictable chaos in the courts.

Blogging 119

Blogging Reporting Publishing Law 119

Technology & Marketing Law Blog

JULY 6, 2022

Lindke sued for First Amendment violations. He had a personal Facebook profile that, over time, exceeded the 5k friend cap. Freed converted the profile to a public Facebook page, which anyone could follow, and he categorized himself as a “public figure.” he listed the Port Huron website URL as his page’s website. It wasn’t.

Government 69

Government Social Media Litigation Law 69

Copyright Lately

MAY 13, 2022

Even worse, most of them simply reported Hawley’s talking points as if they were fact, leaving the average reader not only thinking the bill is a legitimate attempt to legislate, but also with a totally skewed sense of what it all actually means. Pay Attention to Me! “Today I’m introducing legislation to strip ? Disney of its?

Reporting 125

Reporting Copyright Public Domain Marketing 125

Technology & Marketing Law Blog

MAY 8, 2022

Hart sued them for violating the First Amendment. The court says they are not state actors and therefore aren’t required to follow the First Amendment. Both Facebook and Twitter restricted Hart’s account access due to various posts over COVID, masking, and other culture war issues. You can guess how that went. Joint Action.

Social Media 95

Social Media Government Publishing Blogging 95

Technology & Marketing Law Blog

SEPTEMBER 21, 2022

Dissolving the injunction changed the status quo, but the panel didn’t explain why, leaving the plaintiffs with no clear basis of an appeal. (And, [This is a 6k+ word blog post that was joyless to write and most likely will be joyless to read.]. If that’s your kind of Kool-Aid, then you will like this opinion. Background.

Social Media 136

Social Media Publishing Law Blogging 136

Technology & Marketing Law Blog

JULY 28, 2022

The Garniers sued, and the district court ruled that the trustees had violated the First Amendment. Poway is a San Diego suburb). ” Two parents in the district, Christopher and Kimberly Garnier, posted criticisms of the trustees and the board to those social media pages. ” Overview. ” Mootness. ” Mootness. .”

Social Media 87

Social Media Government Technology Law 87

Patently-O

DECEMBER 12, 2021

But the PTO also denies registration to marks under this provision even if they constitute political commentary, parody, or other public discourse at the heart of the First Amendment. Can you register a famous person’s name as your trademark without their consent? The Lanham Act seems to say no, and the U.S.

Registration 69

Registration Government Advertising Advertising 69

Technology & Marketing Law Blog

DECEMBER 1, 2022

And even if her claims are not barred, Defendant’s act in blocking Plaintiff from the @laurenboebert Twitter account was not state action, and therefore not a First Amendment violation… Defendant’s @laurenboebert account does not hold itself out as an official account. Boebert , No. 1:21-cv-00147-DDD (D. Haulmark v.

Social Media 107

Social Media Government Designs Design 107